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HomeMy WebLinkAbout12/02/2014 Council Agenda PacketREGULAR COUNCILMEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, November 18, 2014at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:03 Town Clerk Bronson p.m.called roll. All Council Members were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Mayor Led by Honea. APPROVAL OF AGENDA. Item A1 was removed at the request of the applicant. Motion to approve the agenda by removing item A1by Council Member Kai, second by Council Member McGorray. Passed unanimously. CALL TO THE PUBLIC. At this time any member of the public is allowed to address the Town Council on any issuewithin the jurisdiction of the Town Council, except for items scheduled for a Public Hearingat this meeting. The speaker may have up to three minutes to speak. Any persons wishing toaddress the Council must complete a speaker card located outside November18, 2014 Meeting Minutes1 the Council Chambersand deliver it to the Town Clerk prior to the commencement of the meeting. Individualsaddressing a meeting at the Call to the Public will not be provided with electronictechnology capabilities beyond the existing voice amplification and recording capabilities inthe facilities and the Town's overhead projector/document reader. Pursuant to the ArizonaOpen Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and mayask staff to review the matter, or may ask that the matter be placed on a future agenda. Mayor Honea noted that Item A1 was advertised for public hearing, and although the item was pulled from the agenda, if any of the speakers who had submitted speaker cards wished to speak, they were invited to do so during Call to the Public. If and when it comes back to the Council it David Morales will have to be re-noticed again and then another public hearing. spoke Tom Sommerville regardingthe state’s dwindling water reserves.spoke regarding the location Gayle Senstrom ofthe proposed police facility.spoke regarding the water situation and when Len Paradise waterwill be brought from the west side. spoke regarding the town’s vision for John HolleySusan ParrishRon Isaacson the future. anddeclined to speak on Item A1.spoke regarding the Twin Peaks corridor and consideration for communities built around development. Council Member Ziegler asked for a point of privilege and thanked the residents who had attendedthe meeting to speak to the item removed from the agenda for their perseverance, patience and consideration toward the Council. Mayor Honea noted that Item A1was advertised for public hearing, and although the item was pulled from the agenda, if any of the speakers who had submitted speaker cards wished to speak, John HolleySusan Parrish they were invited to do soduring Call to the Public. anddeclined. Ron Isaacson did address Council PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS CouncilMember Bowen reportedon his attendance at the Veterans’ Cemetery grand opening lastSaturday. He noted that there were at least 150, including many elected officials in Council Member Comerford attendance. reported on the McDonald’s ribbon cutting she Mayor Honea attendedon Saturday; and reported on the groundbreaking event for the Marana Mall,the opening of the Village Inn in Arizona Pavilions, the Veterans’ Cemetery groundbreaking and the Arizona Association for Economic Development (AAED) conference where he was a speaker. MANAGER’S REPORT: SUMMARY OF CURRENT EVENTS November18, 2014 Meeting Minutes2 Mr. Davidson corrected a mis-statement by a speaker addressing the audience regarding videos usedfor events used by the town. All videos produced were done in-house with no outside expense. PRESENTATIONS P1 Relating to Special Events; presentation summarizing the Marana Harvest Festivaland previewing the Marana Holiday Festival & Christmas Tree Lighting to be heldon December 6, 2014 (Vickie Hathaway) Ms. Hathaway gave a general recap of the first Harvest Festival held October 25, one of Marana’snew signature events. With over 5,000 counted at both the Heritage Park and the Gladden Farms Park, staff deemed this event a huge success, and with some modifications, they are looking forward to next year’s event. She then gave an overview of the upcoming Holiday Tree Lighting Festival which will be held Saturday, December 6 in the courtyard of the Marana Municipal Complex. The event will be similar to those held in year’s past with Santa and Mrs. Claus, snowfall and Toyland, but with expanded stages, videos of performers, light animation to holiday music, more food trucks, a lighted tractor display and sleigh racing which all staff are encouraged to participate in. Following the festival, a light show with music will occur each night until Christmas at regular intervals after sunset. CONSENT AGENDA. Motion to approve the Consent Agenda by Council Member Ziegler, second by Vice Mayor Post. Passed unanimously. The Consent Agenda contains items requiring action by the Council which are generallyroutine itemsnot requiring Council discussion. A single motion and affirmative vote willapprove all items on the Consent Agenda, including any resolutions or ordinances. Prior to amotion to approve the Consent Agenda, any Council member may remove any item fromthe Consent Agenda and that item will be discussed and voted upon separately. C1 Resolution No. 2014-114: Relating to Personnel; approving an additional paidholiday on December 26, 2014 for eligible Town of Marana employees (SuzanneMachain) C2 Resolution 2014-115: Relating to development; approving a final plat for BoulderBridge Pass II at Dove Mountain, Lots 89-186 and Common Areas "A" and "B"located approximately 0.2 miles north of the intersection of Dove MountainBoulevard and Boulder Bridge Pass (Steve Cheslak) C3 Resolution No. 2014-116: Relating to Utilities; approving and authorizing the Mayorto execute a retroactive extension, through November 30, 2014, of the existingintergovernmental November18, 2014 Meeting Minutes3 agreement between the Town of Marana and Pima County forprovision of water consumption data and sewer user account billing services; andapproving and authorizing the Mayor to execute a new intergovernmental agreement,effective December 1, 2014, between the Town of Maranaand Pima County forprovision of water consumption data and sewer user account billing services (FrankCassidy) C4 Resolution No. 2014-117: Relating to Administration; approving the transfer of$80,000 in budgeted expenditure authority from the General Fund contingency lineitem to the restricted budget line items within various Town departments in the fiscalyear 2013-2014 budget for unanticipated costs (Erik Montague) C5 Ordinance No. 2014.027: Relating to Finance; amending the Town of Maranacomprehensive fee schedule; and declaring an emergency (Jane Fairall) C6 Approval of November 5, 2014 Regular Council Meeting Minutes (Jocelyn C.Bronson) LIQUOR LICENSES L1 Relating to Liquor Licenses; recommendation to the Arizona Department of LiquorLicenses andControl regarding an application for a person transfer and locationtransfer of a series 6 Bar liquor license submitted by Denise Marie Bora on behalf ofHome Plate located at 8579 N. Ms. Bronson Silverbell Road, Marana, Arizona 85743 (Jocelyn C.Bronson). Presented by , who notedthat this application was properly posted and reviewed by town departments. No protests were received, and staff is recommending approval. Motion to approve by Council Member Kai, second by Council Member Ziegler. Passed unanimously. BOARDS, COMMISSIONS AND COMMITTEES B1 Resolution No. 2014-118: Relating to Boards, Commissions, and Committees;revising the number of members, the member terms of office and the appointmentand reappointment procedures for members of the Marana Citizens' Forum; andrevising the formal Marana Health Vescovi-Chiordi Citizens' Forum process (Jocelyn Bronson). Presented by , who discussedthe proposed changes to the Forum process, including delegate terms, number of delegates and the manner in which they are appointed, the topic selection and the increased number of meetings per session to address all aspects of the Forum recommendations. Council Member Bowen asked about keeping institutional knowledge on the Forum through the “termed” Mr. process proposed and when the Council recommendations for delegates are needed. Vescovi responded that he and Ms. Bronson are still in the discussion stages on that. An email wassent out two weeks ago asking for Council recommendations. He and Ms. Bronson will be contacting Council directly to assist with recruiting or recommendations for delegates. New delegates should be confirmed at least twoto two weeksbefore the start of the Winter Session November18, 2014 Meeting Minutes4 Ms. Bronson which will begin in early January. noted that each Council Member had a proposed changeat the dais to the exhibit in their packets regarding the number of Forum sessions. Motion to approve by Council Member McGorray, second by Council Member Bowen. Passed unanimously. B2 Resolution No. 2014-119: Relating to Boards, Commissions and Committees;establishing a special council committee to receive and review applications for andmake recommendations to the Town Council to fill current vacancies on thePersonnel Action Review Board; and authorizing the Mayor to appoint threemembers of the Marana Town Council to the special committee (Suzanne Machain). Presented by Suzanne Machain noted that this resolution will give authorization for the Mayor to appoint three Council Members to review applications for the Personnel Action Review Board. Currently, there are two vacancies and five applications, all of which are deemed qualified to serve. This creates the Council subcommittee which will recommend two names to come back to the full Council for approval. Motion to approve by Mayor Honea CouncilMember Bowen, second by Vice Mayor Post. Passed unanimously. Vice Mayor PostCouncil Members asked for volunteers to serve on the subcommittee. and McGorrayBowen andwere appointed. COUNCIL ACTION A1 Ordinance No. 2014.028: Relating to Development; Approving a rezoning ofapproximately 36.79 acres of land from ‘R-144’ (Residential) to ‘F’ (Specific Plan)for the purpose of creating the Twin Peaks Oasis Specific Plan; and approving aminor amendment to the General Plan (Cynthia Ross). As noted prior to the approval of the agenda, this item was removed at the request of the applicant. A2 PUBLIC HEARING: Relating to Police Department; presentation and discussionregarding the need for a new police facility and the funding options to pay for theproject, and the results of Chief Rozema community outreach efforts to date regarding the facility(Terry Rozema) noted Mayor Honea thatthe need for the item was brought before Council in early summer. noted Chief Rozema that Council was in public hearing. continued that at the meeting he mentioned, it wasdecided that if and when a public safety facility was built it would be built at the municipal complex facility on acreage immediately east of the complex. In August, he came back and presented to Council the outreach plan to convey to the public what the need was and the Council’s preference for funding. The need was based on town growthwhich will require enhanced public safety service, site selection and why and how it would be funded if approved by Council. The five funding options that were presented to Council were also outlined for the public. He noted that throughout his presentations he received many positive and supportive comments from citizens on what an incredible job the town is doing regarding growth and advancement. Outreach included public meetings, outreach to businesses at the Chamber of November18, 2014 Meeting Minutes5 Commerce and one-on-one meetings with business owners, social medical, TV, radio and print Council news, open houses and survey cards that were distributed at every public meeting. Member Ziegler asked for clarification as to the site location. Chief Rozema continued detailing thepublic outreach open houses, public meetings with homeowner groups, the Chamber of Commerce regional meetings and boards, various civic organizations, the Citizen’s Police Academy and the Citizens’ Forum. Over 30 businesses and organizations were contacted.All businesses were emailed encouraging them to come to the open houses. One hundred twenty invitations were hand-delivered to businesses in the main shopping areas.Of those, about 500 peopleattended public meetings.Survey results of the 193 surveys returned resulted in 93-94 percent in support and 7 percent with concerns –not against the facility but qualified “no’s” with concerns about the funding and when a sales tax would go away. The Chief was able to talk about the sales tax funding for the Twin Peaks interchange that dissolved when the interchange was completed as an example of the town’s actions to honor its commitment to citizens. Council Member Comerford asked when the improvements were made to the MOC for the Chief substation. The responded that it was 2012-2013, using RICO funds in the amount of $68K. Mr. Montague Next,spoke about funding options and a dedicated sales tax. We had a temporarydedicated sales tax for funding the Twin Peaks interchange. Dedicated sales tax in general is not a completely foreign concept for generating revenue for specific purposes. Indicating a chart included in the presentation, he noted that at least a dozen cities or towns in Arizona have some form of a dedicated sales tax at this time with a purpose restriction. Should this project move forward, Mr. Montague provided a chart of estimated net general revenue from various collectibles. Tax collected will be variable, and we will need to be mindful of other current resolutions for dedicated sales taxes and consistency with various development Mayor Honea agreements. asked if sales tax from the mall and othernew businesses were Mr. Montague factored into these numbers.responded that they have not been included. Under thedevelopment agreement with the mall, the town is obligated to reimburse 45 percent of the sales tax back to the developer to offset public infrastructure. These are things we will have to Council Member Bowen consider as we move forward. asked about a blended approach to payingfor this which was talked about at one time so that the funding wouldn’t be entirely Mr. Montague dependent on sales tax. responded that the numbers currently do not assume that fundingwill be 100 percent by taxes only. The numbers presented to Council tonight are only used to show what the potential revenue stream would bring from tax revenues. The duration will be dependent on the funding plan –either from reserves with a cash infusion or other restricted funds. There was no focus on implementing an impact fee or bonds. At the second public hearing or a future meeting, staff will provide additional options for the possible funding Council Member Ziegler plan.raised the concern that both she and Vice Mayor Post expressed Vice Mayor Post atone time about how the additional sales tax will affect businesses. added thathe personally feels that the while the police facility is definitely needed, we are pushing November18, 2014 Meeting Minutes6 thingsfaster than what we should be doing. In the last two years the town has spent considerable money on several projects such as the sewer treatment plant. We are depending on new construction to pay for that which has been slow, but we are still obligated for the payment. We spent considerable monies on Twin Peaks Road which we assumed would be paid for by impact fees from the building. While there is division on the Council as to how that will play out, the town is still on the hook for the dollars we spent on Twin Peaks. The issue of what it does to small businesses such as his, the five cent sales tax is $500 per month. That may not be a lot of money for some businesses, but will either be absorbedby the business owner or passed on to the customer which makes competition with other businesses thathave a lower tax rate or no tax gives them comparative advantage.He thinks the timing may be off due to the uncertainty of the economy in the near future to have the town obligate itself for another $20M in addition to what we’re already obligated for. We do need a new policy facility due to inadequacies in the current building and because our population is growing. He believes that new growth needs to pay its Council Member Ziegler way. agreed with Vice Mayor Post’s need for a new facility but also his assessment of the burden on the town and citizens to finance another facility in light of all the Chief Rozema other taxes citizens are paying. again reiterated that he has received overwhelmingsupport from the businesses he has contacted and will be making his final presentation to the Chamber of Commerce Board, at which time they will take a vote to support David Morales or not. At the final public hearingstaff will present different funding options. spoke regarding Council’s job to set policy and set a budget. He suggested building police substationsin various locations rather than one facility, which would be less expensive, and asked what the Council is willing to sacrifice to build a new facility. He likened this to his admonition to Council not to get in the sewer business. He also expressed his concern that when the current facility was built, consideration was not made for an expanded population. The key indicators that the town is growing is when the Fry’s is built in Gladden Farms and Basha’s re- opens at Dove Mountain, but he doesn’t see an indication of that. Mayor Honea declared the public meeting closed. ITEMS FOR DISCUSSION/POSSIBLE ACTION Relating to Legislation and Government Actions; discussion and possible actionregarding all pendingstate, federal, and local legislation/government actions and onrecent and upcoming Mr. Davidson meetings of the other governmental bodies (Gilbert Davidson). indicated that in December,staff will be working with the Council for the legislative agenda for 2015; revisiting some issues from 2014 and new issues which we may be facing as the state grapples with large deficits. November18, 2014 Meeting Minutes7 EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session,which will not be open to the public, to discuss certain matters. E1Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask fordiscussion or consultation for legal advice with the Town Attorney concerning anymatter listed on this agenda. FUTURE AGENDA ITEMS Notwithstanding the mayor’s discretion regarding the items to be placed on the agenda, ifthree ormore Council members request that an item be placed on the agenda, it must beplaced on the agenda for the second regular Town Council meeting after the date of therequest, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT. Motion to adjourn by Vice Mayor Post, second by Council Member McGorray. Passed unanimously at 8:31 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on November 18, 2014. I further certify that a quorum was present. ________________________________________ Jocelyn C. Bronson, Town Clerk November18, 2014 Meeting Minutes8 MARANA ORDINANCE NO.2014.029 RELATING TO PARKS AND RECREATION; AMENDING MARANA TOWN CODE CHAPTER 13-2 (FINGERPRINTING AND CRIMINAL HISTORY RECORDS CHECKS OF PARKS AND RECREATION PERSONNEL AND VOLUNTEERS); AMENDING SECTION 13-2-3 (FINGERPRINTING OF CURRENT AND PROSPECTIVE PARKS AND RECREATION PERSONNEL AND VOLUNTEERS; CRIMINAL HISTORY RECORD INFORMATION) TO PROVIDE THAT FINGERPRINTING OF SPECIFIED PERSONNEL AND VOLUNTEERS SHALL BE PERMISSIVE RATHER THAN MANDATORYAND CLARIFYING REQUIRED FREQUENCY OF FINGERPRINTING; ADDING NEW SECTION 13-2-4 ENTITLED “ALTERNATIVE BACKGROUND INVESTIGATIONS”; AND DECLARING AN EMERGENCY WHEREAS the Town Council is authorized by A.R.S. §41-1750 to adopt an ordinance authorizing the Town to receive criminal justice information from state and federal criminal history repositories for the purpose of evaluating the fitness of current or prospective licensees, employees, contract employees or volunteers; and WHEREAS the Town Council finds that the regulations established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1.Section 13-2-3 (Fingerprinting of current and prospective parks and recreation personnel and volunteers; criminal history record information) of the Marana Town Code is hereby revised as follows (with deletions shown with strikeoutsand additions shown with double underlining): 13-2-3Fingerprinting of current andprospective parks and recreation personnel and volunteers; criminal history record information A.Each town of Marana parks and recreation department employee, contract employeeor volunteer who works directly with children under the age of 18 or vulnerable adults and who has not furnished a full set of fingerprints to the town within 12 months of the effective date of this chapter, shallmaybe required, as a condition of continued employment, within 60 days of the effective date of this chapter and annually thereafter, tofurnish a full set of fingerprints on a standard fingerprint card to the town. Any current employee, contract employee or volunteer who has furnished a full set of fingerprints to the town within 12 months of the effective date of this chapter, -1 - Ordinance No. 2014.029 shall not be required to furnish another set of fingerprints until 12 months has passed since the furnishing of the fingerprints. B.Each prospective town of Marana parks and recreation department employee, contract employee or volunteer who will work directly with children under the age of 18 or vulnerable adults shallmaybe required, as a condition of hire and annually thereafter, tofurnish a full set of fingerprints on a standard fingerprint card to the town. C.Pursuant to A.R.S. §41-1750 and Public Law 92-544, the town shall submit all fingerprints obtained pursuant to this chapter to the Arizona department of public safety for the purpose of obtaining state and federal criminal history record information. The Arizona department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation. D.For purposes of this section, a current or prospective parks and recreation employee, contract employee or volunteer may furnish a full set of fingerprints by resubmitting a previously-submitted full set of fingerprints if Arizona department of public safety protocols allow for resubmission of the fingerprints. SECTION 2.New section 13-2-4 entitled “Alternativebackground investigations” is hereby added to the Marana Town Code as follows and the section that followsisrenumbered to conform: 13-2-4Alternative background investigations A.The town may choose to conduct background investigations to obtain criminalhistory record informationregarding current and prospective employees, contract employees and volunteers covered under this chapterby using alternative methods instead of fingerprinting. Any alternative methods the town employsshall beat least as thoroughas the national recreation and park association’s recommended guidelines for credentialing volunteers. B.If the town employs alternative background investigation methods pursuant to this section, the town shall conduct background investigation screenings onall employees, contract employees and volunteers covered under this chapter on at least an annual basis. SECTION 3.The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4.All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective asof the effective date of this ordinance. SECTION 5.If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of -2 - Ordinance No. 2014.029 competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 6.Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PMCTM, ASSED AND ADOPTED BYTHE AYOR AND OUNCIL OF THE OWN OF ARANA nd A, this 2day of December, 2014. RIZONA Mayor Ed Honea ATTEST:APPROVED AS TO FORM: Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney -3 - Ordinance No. 2014.029 National Recreation and Park Association Recommended Guidelines for Credentialing Volunteers Background Screening Practices The National Recreation and Park Association has reviewed the resources of the National Association of Professional Background Screeners, and sought the counsel of recognized background screening experts to develop a set of Recommended Guidelines for Volunteer Background Screening in park and recreation settings. The goal of these recommendations is to make communities safe by advancing optimum volunteer management practices. Park and recreation leaders from academic, municipal, and county based settings have reviewed these recommendations for their relevance and appropriateness. NRPA recommends these practices as specifications and guidelines to consider while advocating that any volunteer background screening policy should be reviewed by a City, County, or special park district attorney to insure compliance with any and all local, state or federal laws. In addition, certain states have specific guidelines regarding the reporting of criminal record information and your policies may need to be amended in these states. A qualified background screening provider should be able to guide you on these laws. The saying that a “bad volunteer is better than no volunteer” is untrue and dangerous, and should never be considered appropriate. While park and recreation departments depend heavily upon volunteerism, failing to take any steps to screen volunteers places organizations, volunteers, and participants at greater risk. While no screening process can offer absolute assurance, implementing these recommended guidelines in your screening process can engender public confidence and lessen the risk of exposure to liability due to a lack of knowledge regarding your volunteers’ background. More specifically, an effective screening process assists communities: Raise public awareness of quality programs offered. Make the safety of all participants, particularly the most vulnerable groups (children, elderly, mentally challenged, etc.) a top priority. Keep people who have a history of inappropriate behavior or who are unfit out of the organization. Select the “most qualified” volunteers and paid staff for positions. The Screening Process Since park and recreation departments and user groups utilizing public spaces are responsible for maintaining safe environments within their programs, they must be aware of the potential risks and safeguards to protect participants and the community in which a program operates. 1 It is recommended that volunteers be considered with the same scrutiny as paid staff and be recruited, screened, trained, supervised, and evaluated with the same rigor as paid staff. The law in most cases does not differentiate between paid vs. volunteer staff. Therefore, regardless of the volunteer’s responsibilities, NRPA recommends that all volunteers be screened as though they were applying for a paid position. The time, energy, and financial investment of prevention strategies such as conducting a proper background screening, represents a fraction of the impact incidents such as sex abuse, violence, neglect, or other crimes and abuses can have on your participants, organization and community. Comprehensive and Due Diligent Background Screening While park and recreation professionals understand the benefits of screening volunteers, myriad approaches and options to background screenings are used. With decades of employment screening and related court decisions to model as common practice, government or volunteer organizations with limited budgets are challenged to apply the same due diligence to their background screening program. A comprehensive and due diligent background screening practice can be an achievable benchmark for all park and recreation agencies when positioned as a public safety or risk management issue. The following elements are included in this screening process: Recommended Guidelines It is the recommendation of the National Recreation and Park Association that park and recreation jurisdictions implement the following volunteer management guidelines for credentialing volunteers through comprehensive background screening and photographic identification. The recommended guidelines call for the implementation of a comprehensive background screening for all volunteers. The recommended guideline for comprehensive background screening or background check is defined to include: Social Security Verification – Verify the name of every volunteer against the Social Security Number provided. This helps to eliminate the possibility of false names and/or information. Address Trace – Verify the current address and identify any previous address of every volunteer. This information is utilized to determine the jurisdiction in which the background screening is conducted. State or County Criminal Record Check – A Statewide or Countywide (depending on the jurisdiction) criminal record check is performed to capture all misdemeanor and felony convictions in that jurisdiction. The search should be conducted in the jurisdiction with the longest and most current residency. 2 National Criminal History Data Base search –There is no one national record check whether through the government or private sector that identifies every crime ever committed. However, there are now criminal history data bases available that contain millions of criminal records and cover the much of the United States. These data bases can be accessed and used to supplement the local criminal history search. This is beneficial in expanding the search should not across the country but be used as a stand alone source for your background screening. Sex Offender Registry - Search of the appropriate state sex offender registries based on the address history. This is an important supplement to should not criminal history searches but be used as a stand alone source for your background screening. Timely results – A background screening process should be timely and results should be returned within 10 business days on average to allow for proper planning and assignment of volunteers. Complimentary Consultation – Seek a provider committed to provide consultation to clarify screening results and provide technical assistance and guidance regarding updating practices. Clarification of Recommended Guidelines About Social Security Verification Social Security verifications are a critical first step in the process as it helpsto insure that the name and other personal data given by the applicant is accurate. The verification will generally reveal the state and year the SSN was issued, names, addresses and sometimes the date of birth that is associated with this Social Security number. Although it is possible to run background checks without the SSN, this will reduce the effectiveness and limit the number of personal identifiers that can be found in public records. To report someone’s criminal history the reporting agency must have at least 2 matching identifiers. Non US Citizens – In handling background checks on individuals without Social Security numbers, it is suggested that in place of the SSN the volunteer applicant “No SSN”. stateEach local organization should take appropriate measures to insure that the name, date of birth and addresses are all valid for individuals without Social Security numbers. About Address History This is part of the screening process that will help to confirm the current address and any previous addresses of the applicant. The main purpose in collecting address information is to determine where the local search will be performed. 3 Local Search Depending upon the state, data sources can either be a statewide repository or a county court house system search. Some states have state repositories that include criminal histories from the counties or other jurisdictions in the state. If these repositories are available, reliable and timely the state check should be used in the local search. When a state repository is not available or not reliable then the county court house should be used for the local search. The goal of a local search is to uncover all misdemeanor and felony arrests and/or convictions on the applicant. Who will be screened? A volunteer background screening program must include all volunteers, especially those who will have contact or access to all vulnerable individuals (youth, elderly, disabled individuals, etc.) in your programs. Random or select screening is dangerous, ineffective and can lead to increased liability for your department and user groups. How often should Background Screenings be conducted? Each volunteer should be screened on an annual basis. The fact that someone may have a clear background check once does not insure that they will never commit serious crimes in the future. In one year it is entirely possible for someone to be arrested and convicted through most of the court systems in the United States. Confidentiality To protect the privacy of the volunteer it is critical that each organization have a confidentiality policy and that the policy be made known to each prospective volunteer. The policy should include a statement of respect for the privacy of the volunteer and should establish that information received during a volunteer’s screening process will not be disclosed outside of the organization and will be shared within the organization only on a “need to know” basis. This would include keeping the consent/release form which includes personal data on the volunteer in secure locations and only in the hands of authorized personnel. The policy which is to be made known to all prospective volunteers, should also acknowledge that the organization might, in special circumstances, have a duty to disclose to third parties, including government agencies, certain types of information when the law requires. Proper record keeping is critical as well. You must insure that the applicants screened and results are recorded along with the date. By tracking this information you will be able to insure 100% compliance to screening and have a formal record that can be used to defend against any potential litigation in the future. Flow of paperwork and responsibilities of the Parks & Recreation Department 4 It is important to set up a specific data flow that suits your department’s needs, while insuring the utmost confidentiality of the volunteer. Limit the number of individuals handling background screening data and publish the data flow so that there is an increased comfort level that personal data for volunteers will not be compromised. Below is a typical paper flow or work flow when collecting this information: Distribute the consent/release forms to volunteers Collect all completed (legible) consent/release forms by pre-determined dates Send forms or data to Background Screening Company Receive the screening results from the Background Screening Company Make appropriate notifications on any volunteer who is disqualified Provide the disqualified volunteer applicant with the following documents: 1.Fair Credit Reporting Act - Summary of Rights 2.Letter of disqualification 3.Copy of actual screening report (results) Distribute volunteer credentials (ID) to all volunteers who are approved Recommended Criteria for Exclusion A person should be disqualified and prohibited from serving as a volunteer if the person has been found guilty of the following crimes: Guilty means that a person was found guilty following a trial, entered a guilty plea, entered a no contest plea accompanied by a court finding of guilty, regardless of whether there was an adjudication of guilt (conviction) or a withholding of guilt. This recommendation does not apply if criminal charges resulted in acquittal, Nolle Prosse, or dismissal. SEX OFFENSES All Sex Offenses – Regardless of the amount of time since offense. Examples include: child molestation, rape, sexual assault, sexual battery, sodomy, prostitution, solicitation, indecent exposure, etc. FELONIES All Felony Violence – Regardless of the amount of time since offense. Examples include: murder, manslaughter, aggravated assault, kidnapping, robbery, aggravated Burglary, etc. All Felony offenses violencesex other than or within the past 10 years. : Examples includedrug offenses, theft, embezzlement, fraud, child endangerment, etc. MISDEMEANORS Allmisdemeanor violence offenses within the past 7 years Examples include: simple assault, battery, domestic violence, hit & run, etc. 5 Allmisdemeanor drug & alcohol offenses within the past 5 years or multiple offenses in the past 10 years. Examples include: driving under the influence, simple drug possession, drunk and disorderly, public intoxication, possession of drug paraphernalia, etc. Any other misdemeanor within the past 5 years that would be considered a potential danger to children or is directly related to the functions of that volunteer. Example include:contributing to the delinquency of a minor, providing alcohol to a minor, theft – if person is handling monies, etc. PENDING CASES It is recommended that anyone who has been charged for any of the disqualifying offenses or for cases pending in court should not be permitted to volunteer until the official adjudication of the case. The Background Screening Process is an ongoing process and should be subject to review and changes at any time. These guidelines are based upon industry practices in private, public and non-profit areas. For additional information regarding background screening practices, visit the National Association of Professional Background Screeners at www.napbs.com In addition to these recommended guidelines, NRPA recommends that you consult your risk management specialist and legal counsel to ensure that all local and state laws and practices are a part of your local policies and practices. Recommended Guidelines for Volunteer Photo Identification A photo identification system provides assurance that a volunteer is qualified and authorized to provide public service. As such, you will need to enforce the use of the photo identification badge. Volunteers should be informed of the reasons why the volunteer photo identification badge is an important public safety tool and why they are required to wear them at all times. The ID provides special designation for authorized and qualified volunteers and should instill pride among volunteers to wear a photo ID badge. The ID is a key component of a comprehensive risk management practice that reflects a comprehensive public safety practice. The ID builds trust among the public that parks and recreation is committed to quality management practices. The ID provides public information regarding the leadership role of parks and recreation to make communities safe. 6 A photo identification practice serves the dual purpose of identifying volunteers as qualified and authorized personnel and builds public awareness for quality volunteer management practices. The system is effective when there is compliance by all volunteers wearing their photo identification at all times of service. The National Recreation and Park Association recommended guidelines for volunteer photo identification includes: 1. All qualified volunteers are required to wear a photo identification badge. 2. Photo identification badges are to be displayed at all times when on official assignment and are not to be worn or used for any other purpose than an official assignment. 3. No pins, stickers, or markings are allowed to be displayed on the ID badge. The photo identification badge must be clearly visible to the public and should be worn between photo clearly visible the shoulders and waist with the . 4. If a photo identification badge is lost or stolen, it is the responsibility of the volunteer to notify a supervisor as soon as possible to obtain a replacement badge. 5. The photo identification badge will be issued to all volunteers after the completion of a comprehensive background check and will expire one year from that date of issuance. 6. The photo identification badge is the property of the issuing organization and the volunteer must be rescinded upon service completion or termination. 7. It is the duty of every qualified volunteer to report any volunteer failing to properly display their credential to their supervisor. Volunteer badges should be durable consisting of hard plastic card stock. The volunteer badges should include information that specifically identifies agency information and basic information about the qualified volunteer, including: current photograph of the volunteer, the agency name first name and last name date of expiration State volunteer identification number or status agency return address Optional notation of special training such as CPR Additional Recommendations: 7 Photo identification badges should have distinguishing colors and be changed on an annual basis to assist in detecting any unauthorized use of discarded or outdated badges. Volunteers should be informed that lending their photo identification badge to someone is not permitted at any time. Volunteers shall not have more than one Identification Badge in his or her possession at any one time. National Recreation and Park Association NRPA is currently partnered with First Advantage, a global leader in background screening services. This partnership will provide NRPA members with access to a comprehensive, market-leading selection of criminal background checks, verification and qualification services, motor vehicle record reports and much more. For additional information please contact customerservice@nrpa.org NRPA worked with industry experts to provide a comprehensive resource to improve the volunteer management practice. Southeast Security Consultants, TSS Photography, and DMP Consulting joined with NRPA to develop these guidelines. National Recreation and Park Association The is a national not-for-profit organization dedicated to advancing park, recreation and conservation efforts that enhance quality of life for all people. Through its network of some 30,000 recreation and park professionals and citizens, NRPA encourages the promotion of healthy lifestyles, recreation initiatives, and conservation of natural and cultural resources. Headquartered in Ashburn, Va., NRPA works closely with local, state, and national recreation and park agencies, citizen groups and corporations to carry out its objectives. Priorities include advocating favorable legislation and public policy; continuing education for park and recreation professionals and citizens; providing professional certification, university accreditation, research and technical assistance; and increasing public awareness of the importance of parks and recreation. 8 MARANA RESOLUTION NO. 2014-120 RELATING TO PERSONNEL; APPROVINGAND ADOPTING AMENDMENTS TO THE TOWN’S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 2 -EM- PLOYMENT PROCESS WHEREAS Chapter 3-3 of the Marana Town Code provides that the Town Council may adopt personnel policies, rules, and regulations that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS the Council finds that adoption of the amendments to the Town’s Personnel Policies and Procedures as set forth in this resolution is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,as follows: SECTION1.Chapter 2of the Town’s Personnel Policies and Procedures, entitled “Em- ployment Process” is hereby amended as set forth in Exhibit A attached to this resolution, with deletions shown with strikeoutsand additions shown with double underlining. SECTION 2.All ordinances, resolutions, or motions and parts of ordinances, resolu- tions, or motions of the Council in conflict with the provisions of this resolutionare hereby re- pealed, effective as of the effective date of this resolution. SECTION 3. The Town’s manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and ob- jectives of the aforementioned amendments. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2ndday of December, 2014. Mayor Ed Honea ATTEST:APPROVED AS TO FORM: Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney Resolution No. 2014-120 CHAPTER 2 EMPLOYMENT PROCESS POLICY 2-6 REFERENCE CHECK AND BACKGROUND INVESTIGATION It is the policy of the Town to carefully investigate the backgrounds of all prospective applicants selected for employment to ensure that the relevant facts about an applicant’s employment history and personal background have not been misstated, either on the employment application or resume or during the job interview, and to determine the applicant’s fitness for the position. Section 2-6-1 Procedure A.After an applicant has been selected for employment, the Human Resources staff will conduct employment verification and reference checks on the applicant. Parts of the reference check may be delegated to the hiring department. B.Human Resources Department staff shall also conduct a thorough and comprehensive background investigation of applicants selected for employment which may include, but is not limited to, any of the following: 1.State or county criminal records search 2.Multi-state/national criminal database search 3.Federal criminal records search 4.Education verification 5.Employment verification 6.Motor Vehicle Department record search 7.Professional license and credential verification 8.Sex offender registry search 9.Social Security verification 10,Address trace 11. Character and/or personal reference checks C.ThePoliceDepartmentpersonnelwill alsoconduct an employment verification,and reference checkand background investigationas part of its process of qualifying Police Department candidates before selection. C.Certain safety-sensitive positions may be designated by the Human Resources Department to undergo a thorough background check by the Police Department. Exhibit A to Marana Resolution No. 2014-120 {00040322.DOCX / 2} CHAPTER 2 EMPLOYMENT PROCESS D.Applicants are required to sign aall necessaryreleasesfor employment verification, reference checks and background investigationsauthorizing the respective employer or educational institution to release the appropriate information to the Town. E.Background investigations of Parks and Recreation Department employees covered under Marana Town Code Chapter 13-2 shall comply with the requirements set forth in that chapter.Results of the reference check and/or background check will help determine the applicant’s fitness for the position. F.Some applicants may also be required to submit fingerprints as set forth in Policy 2-8. Exhibit A to Marana Resolution No. 2014-120 {00040322.DOCX / 2} CHAPTER 2 EMPLOYMENT PROCESS POLICY 2-8 FINGERPRINTING Section 2-8-1 Affected Positions Candidates for employment in the following positions shallmay be required, as a condition of hire, tofurnish a full set of fingerprints on a standard fingerprint card to the town. A.Positions in which the employees’ job duties include unsupervised contact with minor children. B.Parks and recreation department positions in which the employees work directly with children under the age of 18 or vulnerable adults. For purposes of this policy, “vulnerable adult” shall be defined as set forth in the Marana Town Code. C.All police department positions. D.Positions in the Marana Municipal Court, in accordance with any applicable Arizona Supreme Court administrative ordersor directives. Section 2-8-2 Procedures A.All fingerprints furnished pursuant to this policy shall be submitted to the Arizona Department of Public Safety through the Marana Police Department. The Arizona Department of Public Safety is authorized to exchange this fingerprint data with the Federal Bureau of Investigation pursuant to A.R.S. § 41-1750 and Public Law 92-544for the purpose of obtaining state and federal criminal history record information. B.The results of the criminal history record information checks shall beprovided to and maintained by the Human Resources Department. C.Criminal history record information obtained by the Town pursuant to this policy shall be used only for the purpose of evaluating the fitness of prospective employees. The tTownshall comply with all relevant state and federal rules and regulations regarding the dissemination of criminal history record information. Section 2-8-3 Failure to Comply A.Any potentialprospectiveemployee who is subject to the requirements ofthis policy and who failsto agreeto be fingerprinted when required by the Townshall have his or her offer ofnot be offeredemployment with the Townrescinded. B.Any current employee who is subject to the requirements ofthis policy who fails to agreeto be fingerprinted when required by the Townshall be subject to immediate Exhibit A to Marana Resolution No. 2014-120 {00040322.DOCX / 2} CHAPTER 2 EMPLOYMENT PROCESS termination. Termination of an employee under this section supersedes the progressive discipline policiesset forth in Policy 5-5in the Discipline System Policy. Exhibit A to Marana Resolution No. 2014-120 {00040322.DOCX / 2} MARANA RESOLUTION NO. 2014-121 RELATING TO ADMINISTRATION; APPROVING THE TRANSFER OF UP TO $800,000 IN BUDGETED EXPENDITURE AUTHORITY FROM THE GENERAL FUND CONTINGENCY LINE ITEM TO THEHERITAGE PARK, SPLASH PAD PROJECT IN THE FISCAL YEAR 2014-2015BUDGET FOR EXPENSES RELATEDTO THE CONSTRUCTION OF THE SPLASH PAD AT THE MARANA HERITAGE RIVER PARK WHEREAS A.R.S. § 9-276 authorizes the Town of Marana to lay out and establish Town parks andpursuant to this authoritythe Town has established the Marana Heritage River Park; and WHEREAS Initiative 5 of the Heritage focus area in the Marana Strategic Plan II is to develop the Marana Heritage River Parkand Initiative 1 of the Recreation focus area is to devel- op quality parks and recreational amenities; and WHEREAS on March 5, 2013, the Town Council approved the Marana Heritage River Park Master Concept Site Planwhich included construction of a splash pad; and WHEREAS on June 17, 2014, the Town Council adopted the fiscal year 2014-2015 budgetary document and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS the fiscal year 2014-2015 budget included $2,000,000 placed into the Gen- eral Fund contingency line itemand earmarked for the development of the MaranaHeritage Riv- er Park; and WHEREAS the Town Council desires to transfer budgeted expenditure authority of up to $800,000from the General Fund contingency line item to the Heritage Park, Splash Pad project forexpenses related tothe construction of the splash pad; and WHEREAS transferring budgeted expenditure authority from the contingency fund of up to $800,000within fiscal year 2014-2015will not significantly impact the General Fund; and WHEREAS reallocations of budgeted expenditure authoritybetween the contingency line item in the General Fund to other line items are necessary from time to time; and WHEREAS the Council finds that the reallocationaddressed by this resolution isin the best interest of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: -1 - Marana Resolution No. 2014-121 SECTION 1. The transfer ofup to$800,000in budgeted expenditure authority from the General Fund's budgeted contingency line item to the Heritage Park, SplashPad project in the fiscal year 2014-2015budget for expenses related to theconstruction of the splash pad at the Ma- rana Heritage River Parkis hereby approved. SECTION 2. The Town’s Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and ob- jectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 2ndday of December,2014. Mayor Ed Honea ATTEST:APPROVED AS TO FORM: Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney -2 - Marana Resolution No. 2014-121